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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing of child-care facilities providing care |
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to certain unaccompanied children and the suspension of laws |
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relating to the licensing of those facilities; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.016, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (i) to read as |
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follows: |
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(a) Except as provided by this section, the [The] governor |
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may suspend the provisions of any regulatory statute prescribing |
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the procedures for conduct of state business or the orders or rules |
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of a state agency if strict compliance with the provisions, orders, |
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or rules would in any way prevent, hinder, or delay necessary action |
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in coping with a disaster. |
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(i) The governor may not suspend a provision of Chapter 42, |
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Human Resources Code, or any other law or rule relating to the |
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licensing or regulation of a residential child-care facility. |
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SECTION 2. Subchapter D, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0762 to read as follows: |
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Sec. 42.0762. CARE OF CERTAIN UNACCOMPANIED CHILDREN; |
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CRIMINAL PENALTY. (a) Except as provided by Subsection (b), a |
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person who provides 24-hour care under a contract with United |
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States Immigration and Customs Enforcement or the Office of Refugee |
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Resettlement to children who are not accompanied by or in the |
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physical custody of a parent, guardian, or other adult family |
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member must be licensed or certified under this chapter as a |
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residential child-care facility. |
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(b) This section does not apply to a religious institution |
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that is exempt from federal income tax under Section 501(a), |
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Internal Revenue Code of 1986, as an organization described by |
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Section 501(c)(3) of that code. |
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(c) A person who violates this section commits an offense. |
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(d) An offense under this section is a state jail felony. |
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SECTION 3. On the effective date of this Act, any law or |
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rule relating to licensing or regulating residential child-care |
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facilities that is suspended under Chapter 418, Government Code, as |
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that law existed immediately before the effective date of this Act, |
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is reinstated. |
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SECTION 4. The Health and Human Services Commission shall |
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establish a process to issue or renew the license of a residential |
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child-care facility whose license was revoked, suspended, not |
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renewed, or otherwise affected by an order of the governor issued |
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under the authority of Section 418.016, Government Code. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |